1. General Rule and Unanimity Requirement for Leasing Common Areas
According to Article 45 of the Condominium Law (KMK) No. 634, important management affairs such as the leasing of common areas of the main immovable property are only possible upon “a decision made by the unanimous consent of all floor owners”. In the decisions of the Court of Cassation, it is emphasized that for the validity of leasing common areas such as apartment storage, a shelter, a parking lot, a roof, an exterior wall, or a concierge apartment, a unanimous decision must be taken by the board of floor owners, and that decisions made by the management board or by a simple majority are legally invalid, as emphasized.
Court of Cassation 20th Civil Chamber, dated 16.11.2017, E. 2017/4066, K. 2017/9508 : The unanimity of floor owners is required for leasing common areas such as the management office in the basement. It is not possible to lease common areas by a decision of the management board or the board of floor owners (without unanimity).
Court of Appeals 20th Civil Chamber, dated 25.06.2019, E. 2019/2193, K. 2019/4422 : Unanimity of all floor owners is required for renting out common areas; provisions of the management plan contrary to this are invalid.
Court of Appeals 18th Civil Chamber, dated 24.10.2013, E. 2013/10734, K. 2013/14057 : Renting out garages, which are common areas of the site, requires unanimity in accordance with Article 45 of the Condominium Law. A decision of the superior board that does not include unanimity is invalid.
Court of Appeals 5th Civil Chamber, dated 18.03.2025, E. 2024/3238, K. 2025/3635 : A unanimous decision by all floor owners is mandatory for renting out the site garden for the purpose of placing an ATM.
2. Rental and Use of Shelters for Purposes Other Than Intended
Shelters are considered “absolute common areas” under Article 4 of the Condominium Law, and their rental and use for purposes other than intended are subject to strict conditions as per special legislation.
Shelter Regulation and Public Order: According to Article 13 of the Shelter Regulation, shelters cannot be sold, rented, transferred independently, or used for purposes other than intended. Article 14 of the Regulation stipulates that during peacetime, with the unanimous decision of the board of floor owners and the permission of the local administrative authority, shelters may be used for other purposes, provided they do not lose their shelter characteristic (Court of Appeals General Assembly of Civil Chambers, dated 07.12.2011, E. 2011/563, K. 2011/733 ).
Rental Prohibition: According to the decisions of the 20th Civil Chamber of the Supreme Court of Appeals, dated 21.02.2019 (E. 2017/9217, K. 2019/1200 ) and 11.12.2019 (E. 2017/7096, K. 2019/7362 ); it is not possible to rent out common areas allocated for special purposes, such as shelters, even by unanimous consent, as long as the purpose of this allocation is not removed.
Council of State, 6th Chamber, dated 18.03.1996, E. 1995/4999, K. 1996/1273 : Modifications related to using shelters for purposes other than their intended use have not been deemed possible, even if all floor owners give their consent.
3. Apartment Storage and Other Areas Allocated for Special Purposes
Areas such as storage rooms, boiler rooms, and elevator shafts fall into the category of “common areas allocated for special purposes.” For these areas to be rented out, not only unanimous consent is sufficient, but also an architectural project amendment may be required.
Supreme Court of Appeals, 5th Civil Chamber, dated 25.11.2020, E. 2020/7809, K. 2020/10390 : The use or rental of areas allocated for special purposes, such as concierge’s quarters and energy rooms, is not possible without removing their designated nature by making an amendment in the architectural project through a decision taken by unanimous consent.
Supreme Court of Appeals, 5th Civil Chamber, dated 26.05.2021, E. 2021/2974, K. 2021/7722 : It is not possible to rent out or allocate places such as shelters and boiler rooms to some floor owners without changing their nature with a renovation project.
4. Management Plan and Limits of Board Decisions
Even if there are provisions in the management plan authorizing the management to lease common areas, these provisions cannot override the mandatory unanimity requirement (Art. 45) of the Condominium Law.
Supreme Court 20th Civil Chamber, 07.05.2019, File No. 2018/6662, Decision No. 2019/3198 : Decisions regarding entrusting the operation of common areas to the management or a third party are contrary to legal regulations as long as unanimity is not achieved.
Supreme Court 18th Civil Chamber, 23.03.2009, File No. 2008/11529, Decision No. 2009/2967 : Renting out a section of the parking lot without a leasing decision and converting it into a cold storage warehouse has been found unlawful.
5. Secondary Sources and Additional Context
The following points have been evaluated as secondary sources in the presented research notes:
Secondary Source (Supreme Court 5th Civil Chamber, 14.10.2025, File No. 2025/3347, Decision No. 2025/12812 ): It has been emphasized that areas such as shelters, water tanks, and storage rooms cannot be exclusively allocated to a specific flat owner through the management plan, and that a shelter, being a place designated for a special purpose, cannot be specifically designated for the use of several independent sections.
Secondary Source (Supreme Court General Assembly of Civil Chambers, 27.06.2012, File No. 2012/102, Decision No. 2012/424 ): While a 4/5 written consent may be deemed sufficient for uses of common areas like gardens that are not considered “proprietary disposition or significant management work” (e.g., placing tables and chairs), it has been exemplified that operations such as leasing require unanimity under Article 45 of the Condominium Law.
Secondary Source (Council of State 6th Chamber, 21.05.2021, E. 2019/19379, K. 2021/6603): From the perspective of zoning legislation, common areas in basements (management room, social spaces) must be “intended only for the use of building residents and not for commercial purposes”; it has been stated that this situation may limit leasing.
Secondary Source (Supreme Court 20th Civil Chamber, 17.04.2019, E. 2018/5687, K. 2019/2712): Even if the management plan grants leasing authority, it has been stated that if the transaction prevents the use by other owners, it may be subject to a lawsuit for “prevention of interference” and “restoration to the previous state”.
Conclusion: As a rule, for an apartment storage room, shelter, or other common areas to be leased, all floor owners must decide by unanimous consent. In places designated for special purposes, such as shelters and caretaker’s apartments, additional conditions such as an architectural project change and, specifically for shelters, permission from the local administrative authority, are required in addition to unanimity. Leasing decisions made by a majority vote of the management board or the board of floor owners are invalid under Article 45 of the Condominium Law.
Frequently Asked Questions
Apartman ortak alanları kiraya verilebilir mi?
Evet, ancak bu işlem sıradan bir karar değildir. Ortak alanların kiraya verilmesi için Kat Mülkiyeti Kanunu’na göre tüm kat maliklerinin oybirliği ile karar alması gerekir.
Oyçokluğu ile alınan kiralama kararı geçerli midir?
Hayır. Yönetim veya kat malikleri kurulunun oyçokluğu ile aldığı kiralama kararları hukuken geçersiz sayılır.
Sığınak veya depo gibi alanlar kiraya verilebilir mi?
Bu tür alanlar özel amaca tahsisli ortak yerlerdir. Sığınaklar çoğu durumda kiraya verilemez; depo gibi alanlarda ise hem oybirliği hem de proje değişikliği gerekebilir.
Yönetim planında yetki varsa kiralama yapılabilir mi?
Hayır. Yönetim planında yönetime kiralama yetkisi verilmiş olsa bile, bu durum kanundaki oybirliği şartını ortadan kaldırmaz.
Why is Expert Lawyer Support Necessary?
Leasing of common areas is not a simple management decision but an important legal transaction that directly affects ownership rights. In this process;
Whether the unanimity requirement is properly met,
Whether the area is a “common area” or a “specially designated area”,
Compliance with architectural projects and zoning regulations,
The risk of cancellation of decisions made,
Critical issues such as lawsuits for the prevention of interference that other floor owners may file are of great importance.
A wrongly made decision can lead to the invalidation of the lease agreement and serious legal disputes. Therefore, obtaining support from an Istanbul lawyer or Tuzla lawyer from the beginning of the process prevents loss of rights.
Working with 2M Law Firm, experienced in this field, ensures that the process is conducted legally and safely for both the apartment owners and the management.
